Statutory Rules of Northern Ireland
EDUCATION
Made
22nd March 2007
Coming into operation
1st May 2007
FEE LOANS FOR CURRENT SYSTEM STUDENTS
18. Availability of fee loans to current system students - general
19. Standard entitlement of current system students who have not studied on a previous course
20. Standard entitlement – course leading to degree in social work
21. Standard entitlement of current system students who have transferred from or otherwise studied on a previous course
22. Standard entitlement of current system students on end-on courses and certain degree courses
GRANTS FOR FEES FOR OLD SYSTEM STUDENTS
27. Old system students who are gap year students who have not studied on a previous course
28. Old system students who are gap year students who have studied on a previous course
29. Availability of the grant for fees to old system students for years of repeat study
30. Amount of the grant for fees for a course at a publicly-funded institution or relevant institution of higher education in the Republic of Ireland
31. Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly-funded institution
32. Amount of the grant for fees for a course at a private institution
AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) REGULATIONS (NORTHERN IRELAND) 2006
SCHEDULE 2
ELIGIBLE STUDENTS
SCHEDULE 5
FINANCIAL ASSESSMENT
SCHEDULE 6
RELEVANT INSTITUTIONS OF HIGHER EDUCATION IN THE REPUBLIC OF
IRELAND
1. These Regulations may be cited as the Education (Student Support) Regulations (Northern Ireland) 2007 and shall come into operation on 1st May 2007.
2.—(1) In these Regulations—
“the Order” means the Education (Student Support) (Northern Ireland) Order 1998;
“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(4);
“the 2005 Order” means the Higher Education (Northern Ireland) Order 2005(5);
“the 1998 Act” means the Teaching and Higher Education Act 1998(6);
“the 1998 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1998(7);
“the 1999 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1999(8);
“the 2000 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2000(9);
“the 2001 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2001(10);
“the 2002 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2002(11);
“the 2003 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2003(12);
“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2004(13), the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2004(14), the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2005(15) and the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2005(16);
“the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005(17);
“the 2006 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2006(18);
“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration;
“borrower” means a person to whom a loan has been made;
“bursary year” means an academic year of a course—
in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his income; or
in relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income;
“college fee loan” means a loan for college fees payable to a qualifying student pursuant to regulations made by the Department under Article 3 of the Order;
“compressed degree course” means a course determined to be a compressed degree course by the Secretary of State for Education and Skills;
“compressed degree student” means an eligible student who—
is undertaking a compressed degree course in the United Kingdom (the “course”);
either—
began the course on or after 1st September 2006 and is continuing on that course after 31st August 2007; or
begins the course on or after 1st September 2007; and
either—
is required to be in attendance on the course for part of the academic year for which he is applying for support; or
is a disabled student who is not required to be in attendance on the course because he is unable to attend for a reason which relates to his disability;
“contribution” means an eligible student’s contribution calculated pursuant to regulation 90 and Schedule 5;
“course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;
“current course” means the designated course in respect of which a person is applying for support;
“current part-time course” means the designated part-time course in respect of which a person is applying for support;
“current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;
“current system student” means an eligible student who—
is not an old system student; and
either—
began the current course on or after 1st September 2006 and is continuing on that course after 31st August 2007; or
begins the current course on or after 1st September 2007;
“Department” means the Department for Employment and Learning;
“designated course” means a course designated by regulation 6 or by the Department under regulation 6(6);
“designated part-time course” means a course designated by regulation 110 or by the Department under regulation 110(5);
“designated postgraduate course” means a course designated by regulation 127 or by the Department under regulation 127(4);
“disabled part-time students’ allowance” means the grant payable under regulation 116;
“disabled students’ allowance” means the grant payable under regulation 41;
“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004(19) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“electronic signature” is so much of anything in electronic form as—
is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
“eligible part-time student” has the meaning given in regulation 108;
“eligible postgraduate student” has the meaning given in regulation 125;
“eligible student” has the meaning given in paragraph (2);
“employment-based teacher training scheme” means—
a scheme established by the Secretary of State for Education and Skills whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit; or
a scheme established by the National Assembly for Wales whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;
“end-on course” means—
a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 3 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005 or 2006 Regulations;
a full-time honours degree course beginning on or after 1st September 2006 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005 or 2006 Regulations;
a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;
“Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS(20) and where the student’s course is a course referred to in regulation 6(1)(d) and all the periods of study during the academic year are at an institution outside the United Kingdom;
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;
“fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Department under Article 3 of the Order;
“fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Department under Article 3 of the Order;
“fees” has the meaning given in Article 3(1) of the 2005 Order except in references to college fees;
“fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, a fee contribution loan or a fee loan;
“flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools(21);
“former Metropolitan Police District” means—
Greater London, excluding the city of London, the Inner Temple and the Middle Temple;
in the county of Essex, in the district of Epping Forest—
the area of the former urban district of Chigwell,
the parish of Waltham Abbey;
in the county of Hertfordshire—
in the borough of Broxbourne, the area of the former urban district of Cheshunt,
the district of Hertsmere,
in the district of Welwyn Hatfield, the parish of Northaw; and
in the county of Surrey—
in the borough of Elmbridge, the area of the former urban district of Esher,
the boroughs of Epsom and Ewell and Spelthorne,
in the district of Reigate and Banstead, the area of the former urban district of Banstead;
“gap year student” has the meaning given in paragraph (4);
“grant for living and other costs” means a grant payable under Part 5
“healthcare bursary” means a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(22) or section 63 of the Health Services and Public Health Act 1968(23);
“higher education course” means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
“household income” has the meaning given in Schedule 5;
“information” includes documents;
“Institute” means the University of London Institute in Paris(24);
“intensive course” means an accelerated course or a compressed degree course;
“Islands” means the Channel Islands and the Isle of Man;
“loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Department under Article 3 of the Order, including the interest accrued on the loan and any penalties or charges incurred in connection with it;
“loan for living costs” means a loan for living costs pursuant to regulations made by the Department under Article 3 of the Order;
“old award” is an award within the meaning of the Education (Students Awards) Regulations (Northern Ireland) 2003(25);
“old system student” means an eligible student who—
began the current course before 1st September 2006 and who is continuing on that course after 31st August 2007;
began the current course at the College of Agriculture, Food and Rural Enterprise(26) before 1st September 2007 and who is continuing on that course after 31st August 2007;
is a gap year student in relation to the current course;
began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—
a course that he began before 1st September 2006; or
a course that he began before 1st September 2007 and in relation to which he was a gap year student; or
began the current course on or after 1st September 2006 having had his status as an eligible student transferred to that course as a result of one or more transfers of that status by the Department pursuant to regulations made under Article 3 of the Order from a designated course in connection with which the Department determined him to be an eligible student and which he began—
before 1st September 2006; or
before 1st September 2007 and in relation to which he was a gap year student; or
began the current course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland;
“ordinary duration” means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;
“period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 111 in relation to an eligible part-time student and in regulation 128 in relation to an eligible postgraduate student;
“periods of work experience” means—
periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;
periods during which a student is employed and residing in a country whose language is one that he is studying for his course (provided that the period of residence in that country is a requirement of his course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
“person with leave to enter or remain” means a person—
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
who has been granted leave to enter or remain accordingly;
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(27); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;
“preliminary course” means a course mentioned in paragraph 2 or 3 of Schedule 3 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;
“previous regulations” means regulations made in accordance with Article 50(1) of the 1986 Order or the 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 or 2006 Regulations;
“private institution” means an institution which is not maintained or assisted by recurrent grants out of public funds;
“publicly-funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;
“qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—
is listed in regulation 6(5);
leads to qualification as a social worker; or
any academic year of which is a bursary year;
“qualifying student” means a person who satisfies the criteria in regulation 81;
“qualifying year of study” means an academic year of a designated course—
in respect of which the student qualified for fee support (even if the amount was nil);
that was a bursary year; or
in respect of which the student would have qualified for fee support (even if the amount would have been nil) if he had been an eligible student or the current course had been designated at the beginning of that year;
“quarter” in relation to an academic year means a period in that year—
beginning on 1st January and ending on 31st March;
beginning on 1st April and ending on 30th June;
beginning on 1st July and ending on 31st August; or
beginning on 1st September and ending on 31st December;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(28) as extended by the Protocol thereto which entered into force on 4th October 1967(29);
“relevant institution of higher education in the Republic of Ireland” means an institution listed in Schedule 6;
“Research Council” means any of the following research councils—
Arts and Humanities Research Council,
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council,
Particle Physics and Astronomy Research Council;
“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“sandwich course” has the meaning given in paragraph (8);
“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(30) granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;
“specified designated course” has the meaning given in paragraph (9);
“standard academic year”, unless otherwise indicated, means an academic year of a designated course (other than an academic year that is a bursary year or an Erasmus year) that would be taken (in whole or in part) by a person who does not repeat any part of the course as from 1st September 2006 and who enters the course at the same point as the eligible student;
“standard student” is a student who is to be taken—
to have begun the designated course on the same date as the eligible student in question;
not to be excused any part of the course;
not to repeat any part of the course; and
not to be absent from the course other than during vacations;
“statutory award” means any award made, grant paid or other support provided by virtue of the Order or the 1986 Order, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990(31), the Education (Student Loans) Act 1990(32), the Education (Scotland) Act 1980 and regulations made thereunder, the Order and regulations made thereunder and the 1998 Act, and regulations made thereunder;
“support” means financial support by way of grant or loan made by the Department pursuant to regulations made under Article 3 of the Order;
“transitional award” means an award made under the Education (Students Awards) Regulations (Northern Ireland) 1998, other than an old award;
“type 1 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he is applying for support are in aggregate at least 6 weeks but less than 10 weeks; and
“type 2 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he is applying for support are in aggregate 10 weeks or more.
(2) Subject to paragraph (3), “eligible student” has the meaning given in regulation 5.
(3) For the purposes of the college fee loan, references to an eligible student in regulations 7, 8, 9, 89, and Schedule 4 include a person treated as an eligible student by virtue of regulation 82;
(4) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if he meets the conditions in paragraph (5) or (7).
(5) The conditions are—
(a) the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and
(b) the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.
(6) In paragraph (5), a course (the “original course”) is similar to the current course if—
(a) it appears to the governing body of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b) except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.
(7) The conditions are—
(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which began before 1st September 2006;
(b) he was unable to take up the offer because a specified qualification or grade was not awarded to him;
(c) he appealed against the decision not to award him the qualification or grade;
(d) the appeal was allowed after the last date on which he could have taken up the offer;
(e) as a result, he was offered a place on the current course; and
(f) the first academic year of the current course begins on or after 1st September 2006 but before 1st September 2007.
(8) In these Regulations—
(a) a course is a “sandwich course” if—
(i) it is not a course for the initial training of teachers;
(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and
(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;
(b) in calculating the student’s attendance for the purposes of paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and
(c) for the purposes of paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.
(9) In these Regulations, the “specified designated course” means the current course subject to paragraphs (10) and (11).
(10) Where the student’s status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department from a course (the “initial course”) in connection with which the Department determined the student to be an eligible student pursuant to regulations made under Article 3 of the Order, the specified designated course is the initial course.
(11) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.
3. The 2006 Regulations are amended in accordance with Schedule 1.
4.—(1) Subject to paragraphs (2) and (3), the following regulations are revoked on 1st September 2007—
(a) the Education (Student Support) Regulations (Northern Ireland) 2006(33);
(b) the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2006(34); and
(c) regulation 3.
(2) Paragraph (3) of regulation 3 of the 2006 Regulations continues to apply.
(3) The 2006 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2006 but before 1st September 2007.
(4) Regulation 88 applies to loans with effect from 1st September 2007.
(5) With the exception of regulation 3, these Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2007 whether anything done under these Regulations is done before, on or after 1st September 2007.
(6) Despite any other provision in these Regulations where—
(a) a person attends a course in respect of which a transitional award was made to him; or
(b) no award under the 1986 Order was made in respect of the course but a transitional award would have been made to him if he had applied for an award under the 1986 Order and his resources had not exceeded his requirements,
he is an old system student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either made or which would have been made under the 1986 Order) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (7) applies he qualifies for support by way of loan for living costs under Part 6 only if he is an eligible student under these Regulations and if he satisfies the qualifying conditions for an old system student in Part 6.
(7) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he begins immediately after ceasing that course, but unless paragraph (6) applies he qualifies for fee support under Chapters 3 and 4 of Part 4 and grants for living and other costs under Part 5 only if he is an eligible student under these Regulations and if he satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.
5.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if in assessing his application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person is not an eligible student if—
(a) an old award has been made to him in respect of his attendance on the course;
(b) he is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Student Loans) Act 1990;
(c) there has been made to him or paid to him in connection with the course—
(i) subject to sub-paragraph (g), a healthcare bursary the amount of which is not calculated by reference to his income; or
(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(35);
(d) he is in breach of any obligation to repay any loan;
(e) he has reached the age of 18 and has not ratified any agreement for a loan made with him when he was under the age of 18;
(f) he has, in the opinion of the Department, shown himself by his conduct to be unfitted to receive support; or
(g) he has, on or after 1st September 2005, commenced a course for a degree in social work at an educational institution in Northern Ireland as a Regional Social Work Degree Trainee under arrangements made by the Department of Health, Social Services and Public Safety under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972.
(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under the student loans legislation.
(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—
(a) before 25th September 1991; and
(b) with the concurrence of the borrower’s curator or at a time when he had no curator.
(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 may not, at any one time, qualify for support for—
(a) more than one designated course;
(b) a designated course and a designated part-time course;
(c) a designated course and a designated postgraduate course.
(7) Despite paragraphs (2) and (3) and subject to paragraphs (11) to (13), a person is an eligible student for the purposes of these Regulations if he satisfies the conditions in paragraph (8), (9) or (10).
(8) The conditions are—
(a) the person qualified as an eligible student in connection with an earlier academic year of the current course pursuant to regulations made by the Department under Article 3 of the Order; and
(b) the person’s status as an eligible student has not terminated.
(9) The conditions are—
(a) the current course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) that the person begins on or after 1st September 2006;
(b) the person qualified as an eligible student in connection with the course in relation to which the current course is an end-on course; and
(c) the period of eligibility in respect of the course referred to in sub-paragraph (b) only ceased on the grounds that the student had completed the course.
(10) The conditions are—
(a) the Department has previously determined that the person is—
(i) an eligible part-time student in connection with a designated part-time course; or
(ii) an eligible student in connection with a designated course other than the current course;
(b) the person’s status as an eligible part-time student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c) the person’s status as an eligible student has not terminated.
(11) Where—
(a) the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—
(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course or other designated course from which his status as an eligible part-time student or eligible student has been transferred to the current course; or
(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.
(12) Where—
(a) the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—
(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course or other designated course from which his status as an eligible part-time student or eligible student has been transferred to the current course; or
(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.
(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Department determined that he was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1st September 2007.
6.—(1) Subject to paragraphs (2) and (3), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is—
(a) mentioned in Schedule 3;
(b) one of the following—
(i) a full-time course;
(ii) a sandwich course; or
(iii) a part-time course for the initial training of teachers;
(c) of at least one academic year’s duration; and
(d) wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or by a relevant institution of higher education in the Republic of Ireland which (in either case) are maintained or assisted by recurrent grants out of public funds or provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom.
(2) A course that is taken as part of an employment-based teacher training scheme is not a designated course.
(3) For the purposes of paragraph (1)—
(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and
(c) an institution is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(36).
(4) A course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—
(a) the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and
(b) part of the course is optional.
(5) Paragraph (4) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(6) For the purposes of Article 3 of the Order and regulation 5(1) the Department may designate courses of higher education which are not designated under paragraph (1).
7.—(1) A student retains his status as an eligible student in connection with a designated course until the status terminates in accordance with this regulation or regulation 5.
(2) The period for which an eligible student retains the status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 5, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.
(4) The period of eligibility terminates when the eligible student—
(a) withdraws from his designated course in circumstances where the Department has not transferred or converted or will not transfer or convert his status as an eligible student under regulation 8, 120 or 121; or
(b) abandons or is expelled from his designated course.
(5) The Department may terminate the period of eligibility where the eligible student has shown himself by his conduct to be unfitted to receive support.
(6) If the Department is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as it considers appropriate in the circumstances—
(a) terminate the period of eligibility;
(b) determine that the student no longer qualifies for any particular support or particular amount of support;
(c) treat any support paid to the student as an overpayment which may be recovered under Chapter 4 of Part 10.
(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Department may, at any time, renew the period of eligibility for such period as it determines.
8.—(1) Where an eligible student transfers to another course, the Department must transfer the student’s status as an eligible student to that course where—
(a) it receives a request from the eligible student to do so;